Breach of Specified Provisions Sample Clauses

Breach of Specified Provisions. The breach of any of the covenants, conditions or provisions of 5.3 (“Prohibited Uses”), 5.7 (“No Nuisance”), 5.8 (“No Disparagement”), 6.2 (“Certain Publicly Funded Programs”), 7.2 (“Non-Competition”), 7.4 (“Member Contact”), 8 (“Insurance”), 11.2.1 (“Surrender”), 14 (“Hazardous Materials”), 15 (“Non-Disclosure”) or 16.7 (“Assignment”) shall constitute a Default. A Default under this section 10.4 shall be deemed a non-curable Default for which Licensor shall have the right to terminate this Agreement immediately upon written notice of Default to Licensee.
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Breach of Specified Provisions. Executive agrees that any violation of his obligations under Paragraphs 2.3, 3, 4, 5, 6, 8, 9 or 10 of this Agreement shall constitute a material breach of this Agreement and shall terminate any further obligations of the Company to provide the Severance Payment, Vesting Acceleration Period, or the Extended Exercise Period to Executive. This Agreement may be pled as a full and complete defense to, and may be used as a basis for an injunction against, any action, suit or other proceeding that may be prosecuted, instituted or attempted by Executive in breach hereof. Executive agrees that in the event an action or proceeding is instituted by the Releasees to enforce the terms or provisions of this Agreement, the Releasees shall be entitled to an award of reasonable costs and attorneys’ fees incurred in connection with the enforcement of this Agreement. This attorneys’ fee provision shall not apply to any action brought by the Company to enforce Executive’s release of claims under the Age Discrimination in Employment Act.
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Breach of Specified Provisions. The breach by LICENSEE of any of the covenants, conditions or provisions of Paragraph 8 (“Permitted and Prohibited Uses”), Paragraph 12 (“Insurance”), Paragraph 23 (“Hazardous Materials”), Paragraph 31 (“Assignment, Subletting, and Franchising”), Paragraph 39.4 (“No Nuisance, Interference”), Paragraph 39.5 (“No Disparagement”), Paragraph 39.6 (“No Competition”) or Paragraph 41 (“Non-Disclosure”), shall be deemed a non-curable Default (except as otherwise explicitly set forth in this Agreement) for which LICENSOR may terminate this Agreement immediately upon written notice to LICENSEE.
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Related to Breach of Specified Provisions

  • Breach of Specific Covenants Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.2, 6.2.5, 6.2.6, 8.1, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.

  • Breach of Provisions In the event that Executive shall breach any of the provisions of this Article V, or in the event that any such breach is threatened by Executive, in addition to and without limiting or waiving any other remedies available to the Company at law or in equity, the Company shall be entitled to immediate injunctive relief in any court, domestic or foreign, having the capacity to grant such relief, without the necessity of posting a bond, to restrain any such breach or threatened breach and to enforce the provisions of this Article V. Executive acknowledges and agrees that there is no adequate remedy at law for any such breach or threatened breach and, in the event that any action or proceeding is brought seeking injunctive relief, Executive shall not use as a defense thereto that there is an adequate remedy at law.

  • Breach of Representation Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

  • Breach of Representations, Etc Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

  • Breach of Representation, Warranty or Covenant Within 90 days of the earlier of discovery by the Depositor or receipt of notice by the Depositor of a breach of any representation or warranty of the Depositor set forth in Section 2.03 that materially and adversely affects the interests of the Certificateholders of a given Series, the Depositor shall cure such breach in all material respects.

  • Waiver of Breach; Specific Performance The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce this Agreement, specifically, to recover damages by reason of any breach of this Agreement, and to exercise all other rights existing in that party’s favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce or prevent any violations of the provisions of this Agreement.

  • WAIVER OF SPECIAL DAMAGES THE BORROWER WAIVES, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, ANY RIGHT THE UNDERSIGNED MAY HAVE TO CLAIM OR RECOVER FROM THE BANK IN ANY LEGAL ACTION OR PROCEEDING ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES.

  • Breach of Covenants If the Company breaches any of the covenants set forth in this Section 4, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an event of default under Section 3.4 of the Note.

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

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